Court rules on costs in Ganley defamation action against CNN

High Court Reporter

The High Court has placed a stay on the enforcement of a costs order against international news broadcaster CNN following a preliminary ruling in a defamation case against the network by businessman Declan Ganley and his company Rivada.

Two weeks ago, Mr Justice Garrett Simons, in that preliminary ruling, said the defamation action should be heard in Ireland rather than the US as argued by CNN.

The case returned before the judge on Tuesday after the judge had also ruled Mr Ganley and Rivada were entitled to the costs of the three-day hearing over that preliminary issue.

Hugh McDowell BL, for CNN, asked for a stay on the execution of the costs order until the full defamation case is determined. Mark Harty SC, for Mr Ganley and Rivada, argued there should be no stay.

The judge ruled there should be a stay until the matter is fully determined in the High Court when he said either side would be entitled to "cash in" the question of costs.

He also said if there is an appeal against his main ruling that there would also be a stay on that order.

Atlanta-registered CNN, and two associated companies, Cable News International (CNI) Ltd and Turner Broadcasting System Europe Ltd, are being sued over a report suggesting the first Trump administration pressured the Department of Defense to award a multi-million contract without a competition for the lease of mid-band spectrum to an entity described in the news story as “Rivada”.

Mr Ganley and Rivada claim they were "maliciously" defamed in the story broadcast and published on the internet on October 20, 2020.

The defendants deny the claims.

The defendants brought a preliminary application for the case to be heard in the US, arguing that was the more appropriate forum and that the case had nothing to do with this country.

Mr Ganley and Rivada opposed the application.

A hearing date for the main trial has yet to be set.